SB40-CSA1,445,2222
1. Acquisition of land for a county forest under s. 28.11.
SB40-CSA1,445,2523
2. Acquisition of land for a project that promotes nature-based outdoor
24recreation or conservation and for which the department is requesting the county's
25assistance.
SB40-CSA1,446,3
1(b) Grants under this section shall be awarded from the appropriation under
2s. 20.866 (2) (ta), and, for purposes of s. 23.0917, shall be treated as moneys obligated
3from the subprogram under s. 23.0917 (3).
SB40-CSA1,446,5
4(3) Each county receiving a grant under this section shall provide matching
5funds that equal at least 50 percent of the acquisition costs.
SB40-CSA1,446,9
6(4) A county may not convert the land, or any rights in the land, acquired with
7grant moneys awarded under sub. (2) (a) 2. to a use that is inconsistent with the type
8of nature-based outdoor recreation or conservation activity for which the grant was
9awarded unless the natural resources board approves the conversion.
SB40-CSA1,446,1211
23.096
(2) (b)
A Except as provided in sub. (2m), a grant awarded under this
12section may not exceed 50% of the acquisition costs of the property.
SB40-CSA1,446,1714
23.096
(2m) Notwithstanding sub. (2) (b), in each fiscal year beginning with
15fiscal year 2010-11 and ending with fiscal year 2019-20, the department may award
16grants under this section that equal up to 75 percent of the acquisition costs of the
17property if the natural resources board determines that all of the following apply:
SB40-CSA1,446,1918
(a) That the property is uniquely valuable in conserving the natural resources
19of the state.
SB40-CSA1,446,2220
(b) That delaying or deferring the acquisition until 50 percent of the acquisition
21costs are procured by the nonprofit conservation organization is not reasonably
22possible.
SB40-CSA1,446,2523
(c) That sufficient bonding authority remains in the amount set aside under s.
2423.0917 (3) (br) for that fiscal year after awarding grants to nonprofit conservation
25organizations that meet the matching requirement under sub. (2) (b).
SB40-CSA1,447,72
23.15
(1) The natural resources board may sell, at public or private sale, lands
3and structures owned by the state under the jurisdiction of the department of natural
4resources
, except central or district office facilities, when the natural resources board
5determines that said lands are no longer necessary for the state's use for
6conservation purposes and, if real property, the real property is not the subject of a
7petition under s. 560.9810 (2).
SB40-CSA1,447,159
23.197
(10) Mirror Lake; boating access. From the appropriation under s.
1020.866 (2) (ta), the department shall provide funding in an amount not to exceed
11$1,000,000 to improve navigability for recreational boating in Mirror Lake in Sauk
12County and in the streams flowing into the lake. For the purposes of s. 23.0917,
13moneys provided under this subsection from the appropriation under s. 20.866 (2)
14(ta) shall be treated as moneys obligated under either or both of the subprograms
15under s. 23.0917 (3) and (4).
SB40-CSA1,447,2317
23.197
(11) Jersey Valley Lake. From the appropriation under s. 20.866 (2)
18(ta), the department shall provide funding in an amount not to exceed $500,000 to
19Vernon County to restore Jersey Valley Lake. The funding authorized under this
20subsection shall be in a manner that, for every $1 expended by Vernon County for the
21repairs and installation, the department shall provide $3. For purposes of s. 23.0917,
22moneys provided from the appropriation under s. 20.866 (2) (ta) shall be treated as
23moneys obligated from either or both of the subprograms under s. 23.0917 (3) and (4).
SB40-CSA1,448,11
123.197
(12) Milwaukee Metropolitan Sewerage District; flood management. 2From the appropriation under s. 20.866 (2) (ta), the department shall provide
3funding in an amount not to exceed $1,000,000 to a nationwide nonprofit
4conservation organization dedicated to land and water resource preservation to
5acquire land for a flood management program conducted by the Milwaukee
6Metropolitan Sewerage District and for habitat restoration on the acquired land.
7The funding authorized under this subsection shall be in a manner that, for every
8$1 expended by the nationwide nonprofit conservation organization for the land
9acquisition, the department shall provide $3. For purposes of s. 23.0917, moneys
10provided from the appropriation under s. 20.866 (2) (ta) shall be treated as moneys
11obligated from either or both of the subprograms under s. 23.0917 (3) and (4).
SB40-CSA1,448,2013
23.197
(13) Green Bay; recreational trail. From the appropriation under s.
1420.866 (2) (ta), the department shall provide funding in an amount not to exceed
15$875,800 to the city of Green Bay to acquire land for a bicycle and pedestrian trail.
16The funding authorized under this subsection shall be in a manner that, for every
17$1 expended by the city of Green Bay for the land acquisition, the department shall
18provide $3. For purposes of s. 23.0917, moneys provided from the appropriation
19under s. 20.866 (2) (ta) shall be treated as moneys obligated from either or both of the
20subprograms under s. 23.0917 (3) and (4).
SB40-CSA1,449,522
23.197
(14) Antigo; trail development. From the appropriation under s.
2320.866 (2) (ta), the department shall provide funding in an amount not to exceed
24$600,000 to the city of Antigo for property development related to the ice age trail and
25the Springbrook trail located within the city. The funding authorized under this
1subsection shall be in a manner that, for every $1 expended by the city of Antigo for
2the property development, the department shall provide $1. For purposes of s.
323.0917, moneys provided from the appropriation under s. 20.866 (2) (ta) shall be
4treated as moneys obligated from either or both of the subprograms under s. 23.0917
5(3) and (4).
SB40-CSA1,449,16
723.1985 Acquisition of certain public lands. Beginning in fiscal year
82006-07 and ending in fiscal year
2009-10 2019-20, from the appropriation under
9s. 20.866 (2) (ta), the department shall set aside $2,000,000 in each fiscal year that
10may be obligated only to acquire land from the board of commissioners of public lands
11under s. 24.59 (1). If the department sets aside, but does not obligate moneys in a
12fiscal year under this section, the department may obligate those nonobligated
13moneys in a subsequent fiscal year under this section in addition to the amounts the
14department is required to set aside for that subsequent fiscal year. For purposes of
15s. 23.0917, moneys provided from the appropriation under s. 20.866 (2) (ta) shall be
16treated as moneys obligated under the subprogram under s. 23.0917 (3).
SB40-CSA1, s. 660
17Section
660. 23.22 (2) (b) 6. of the statutes is amended to read:
SB40-CSA1,449,2218
23.22
(2) (b) 6. Promulgate rules to
identify, classify
, and control invasive
19species for purposes of the program. In promulgating these rules, the department
20shall consider the recommendations of the council under sub. (3) (a).
As part of these
21rules, the department may establish procedures and requirements for issuing
22permits to control invasive species.
SB40-CSA1,450,1124
23.22
(2) (c) Under the program established under par. (a), the department
25shall promulgate rules to establish a procedure to award cost-sharing grants to
1public and private entities for up to
50%
75 percent of the costs of projects to control
2invasive species. The rules promulgated under this paragraph shall establish
3criteria for determining eligible projects and eligible grant recipients. Eligible
4projects shall include education and inspection activities at boat landings. The rules
5shall allow cost-share contributions to be in the form of money or in-kind goods or
6services or any combination thereof. In promulgating these rules, the department
7shall consider the recommendations of the council under sub. (3) (c).
From the
8appropriation under s. 20.370 (6) (ar), the department shall make available for
9cost-sharing grants to be awarded to local governmental units for the control of
10invasive species that are aquatic species $1,000,000 in fiscal year 2005-06 and
11$1,500,000 in fiscal year 2006-07 and each fiscal year thereafter.
SB40-CSA1,450,1513
23.22
(8) Penalties. (a) Except as provided in pars. (b) and (c), any person who
14violates a rule promulgated under sub. (2) (b) 6., or any permit issued under those
15rules, shall forfeit not more than $200.
SB40-CSA1,450,1916
(b) Any person who intentionally violates any rule promulgated under sub. (2)
17(b) 6. or any permit issued under those rules shall be fined not less than $1,000 nor
18more than $5,000, or shall be imprisoned for not less than 6 months nor more than
199 months or both.
SB40-CSA1,450,2520
(c) A person who violates a rule promulgated under sub. (2) (b) 6. or any permit
21issued under those rules and who, within 5 years before the arrest of the current
22conviction, was previously convicted of a violation of a rule promulgated under sub.
23(2) (b) 6. or any permit issued under those rules shall be fined not less than $700 nor
24more than $2,000 or shall be imprisoned for not less than 6 months nor more than
259 months or both.
SB40-CSA1,451,4
1(d) The court may order a person who is convicted under par. (a), (b), or (c) to
2abate any nuisance caused by the violation, restore any natural resource damaged
3by the violation, or take other appropriate action to eliminate or minimize any
4environmental damage caused by the violation.
SB40-CSA1,451,96
23.22
(9) Enforcement. (a) If the department of natural resources finds that
7any person is violating a rule promulgated under sub. (2) (b) 6. or a permit issued
8under those rules for which the person is subject to a forfeiture under sub. (8) (a), the
9department of natural resources may do one or more of the following:
SB40-CSA1,451,1010
1. Issue a citation pursuant to s. 23.50 to 23.99.
SB40-CSA1,451,1111
2. Refer the matter to the department of justice for enforcement under par. (b).
SB40-CSA1,451,1312
3. Revoke a permit issued under the rules promulgated under sub. (2) (b) 6.,
13after notice and opportunity for hearing.
SB40-CSA1,451,2114
(b) The department of justice shall initiate an enforcement action requested by
15the department under par. (a) 2. The enforcement action may include a request for
16injunctive relief. In any action initiated by it under this paragraph, the department
17of justice shall, prior to stipulation, consent order, judgment, or other final
18disposition of the case, consult with the department of natural resources for the
19purpose of determining the department's views on final disposition. The department
20of justice shall not enter into a final disposition different than that previously
21discussed without first informing the department of natural resources.
SB40-CSA1,452,522
(c) In an action initiated pursuant to a citation or initiated under par. (b), the
23court may award, as an additional penalty, an amount equal to all or a portion of the
24costs of investigation, including any monitoring, incurred by the department of
25natural resources or the department of justice, which led to the establishment of the
1violation. The court may also award the department of justice the reasonable and
2necessary expenses of the prosecution, including attorney fees. The department of
3justice shall deposit in the state treasury for deposit into the general fund all moneys
4that the court awards to the department of justice under this paragraph. These
5moneys shall be credited to the appropriation account under s. 20.455 (1) (gh).
SB40-CSA1,452,107
23.24
(6) (b) A person who violates sub. (3) and who, within 5 years before the
8arrest of the current conviction, was previously convicted of a violation of sub. (3)
9shall
forfeit be fined not less than $700 nor more than $2,000 or shall be imprisoned
10for not less than 6 months nor more than 9 months or both.
SB40-CSA1,452,1612
23.33
(2j) (c) The fee for a nonresident trail pass issued for an all-terrain
13vehicle that is exempt from registration under sub. (2) (b) 2. is
$17.25 $34.25. A
14nonresident trail pass issued for such an all-terrain vehicle may be issued only by
15the department and persons appointed by the department and expires on June 30
16of each year.
SB40-CSA1,453,518
23.33
(5) (d)
Safety certification program established. The department shall
19establish or supervise the establishment of a program of instruction on all-terrain
20vehicle laws, including the intoxicated operation of an all-terrain vehicle law,
21regulations, safety and related subjects. The department shall establish by rule an
22instruction fee for this program.
The department shall issue certificates to persons
23successfully completing the program. An instructor conducting the program of
24instruction under this paragraph shall collect the fee from each person who receives
25instruction. The department may determine the portion of this fee, which may not
1exceed 50%, that the instructor may retain to defray expenses incurred by the
2instructor in conducting the program. The instructor shall remit the remainder of
3the fee or, if nothing is retained, the entire fee to the department.
The department
4shall issue a duplicate certificate of accomplishment to a person who is entitled to a
5duplicate certificate of accomplishment and who pays a fee of $2.75.
SB40-CSA1,453,77
23.33
(5m) (title)
Grant
Safety program.
SB40-CSA1,453,109
23.33
(5r) Landowner incentive program. (a) In this subsection "public
10all-terrain vehicle corridor" has the meaning given in s. 23.33 (2j) (a).
SB40-CSA1,453,1311
(b) The department shall establish a program to make incentive payments to
12private landowners who permit public all-terrain vehicle corridors on their lands
13and who apply for the payments.
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(c) An application is not considered complete until the forester or another
15employee of each county in which the public all-terrain vehicle corridor is located
16measures the length of the corridor in that county for the purpose of calculating the
17payment.
SB40-CSA1,453,1818
(d) Incentive payments under the program shall be calculated as follows:
SB40-CSA1,453,2119
1. For a public all-terrain vehicle corridor that was open to the public for 60
20days or more but for less than 180 days in the previous fiscal year, the incentive
21payment shall be $25 per mile.
SB40-CSA1,453,2422
2. For a public all-terrain vehicle corridor that was open to the public for 180
23days or more but for less than 270 days in the previous fiscal year, the incentive
24payment shall be $75 per mile.
SB40-CSA1,454,2
13. For a public all-terrain vehicle corridor that was open to the public for 270
2days or more in the previous fiscal year, the incentive payment shall be $100 per mile.
SB40-CSA1,454,83
(e) If a private landowner enters into an agreement with a county to allow a
4public all-terrain vehicle corridor on the landowner's land for a period of at least 5
5years, the landowner shall receive a supplemental payment, in addition to the
6payment as calculated under par. (c), that equals 10 percent of the payment
7calculated under par. (c) for each full or partial fiscal year that is included in the
85-year period.
SB40-CSA1,454,119
(f) If the total amount of incentive payments made in a given fiscal year would
10exceed the amount available for the payments, the department shall establish a
11system to prorate the payments.
SB40-CSA1,454,1412
(g) During fiscal year 2007-08, the department may expend up to $100,000
13from the appropriation under s. 20.370 (5) (cu) for incentive payments under this
14program.
SB40-CSA1,454,1716
23.33
(11m) Lightweight utility vehicles pilot program. (a) In this
17subsection:
SB40-CSA1,454,2118
1. "Golf cart" means a vehicle whose speed attainable in one mile does not
19exceed 20 miles per hour on a paved, level surface, and is designed and intended to
20convey one or more persons and equipment to play the game of golf in an area
21designated as a golf course.
SB40-CSA1,455,222
2. "Lightweight utility vehicle" means an engine-driven device having a gross
23weight of more than 700 pounds but not more than 1,999 pounds that is designed to
24travel on 4 or more low-pressure tires, is equipped with a cargo area, and is used
1primarily off a highway. "Lightweight utility vehicle" does not include golf carts or
2low-speed vehicles.
SB40-CSA1,455,53
3. "Low pressure tire" means a tire that is designed to be mounted on a rim with
4a maximum diameter of 14 inches and to be inflated with an operating pressure not
5to exceed 20 pounds per square inch as recommended by the manufacturer.
SB40-CSA1,455,96
4. "Low-speed vehicle" means a low-speed vehicle, as defined in
49 CFR 571.3,
7that satisfies the equipment standards under
49 CFR 571.500 and that was
8originally manufactured to meet the applicable equipment standards under
49 CFR
9571.500. "Low-speed vehicle" does not include a golf cart.
SB40-CSA1,455,1010
5. "Municipality" means a city, village, or town.
SB40-CSA1,455,1511
(b) The department of natural resources, in consultation with the department
12of transportation, shall administer a pilot program to investigate the effects of using
13lightweight utility vehicles on trails and roadways that are used and authorized to
14be used by all-terrain vehicles, to evaluate whether it is feasible and appropriate to
15expand the allowable use of lightweight utility vehicles.
SB40-CSA1,455,2216
(c) The counties of Florence, Forest, Sawyer, Marinette, Langlade, Lincoln,
17Oneida, and Washburn, and the municipalities within those counties, are eligible to
18participate in the pilot program, and the governing body of each county or
19municipality may elect to participate in the pilot program by adopting a resolution
20to that effect. The governing body of each county or municipality may withdraw from
21the pilot program prior to the end of the pilot program under par. (h) by adopting a
22resolution to that effect.
SB40-CSA1,455,2423
(d) The counties and municipalities in the pilot program may designate any of
24the following:
SB40-CSA1,456,2
11. All-terrain vehicle routes and trails within their respective jurisdictions
2that may be used by operators of lightweight utility vehicles.
SB40-CSA1,456,43
2. All-terrain vehicle routes and trails within their respective jurisdictions
4upon which lightweight utility vehicle use is prohibited.
SB40-CSA1,456,65
(e) For the purposes of all of the following, a lightweight utility vehicle that is
6operated as authorized under this subsection is considered an all-terrain vehicle:
SB40-CSA1,456,87
1. Sections 345.11 (1r), 346.02 (11), 349.02, 885.235 (1g) and (1k), 895.049, and
8901.053.
SB40-CSA1,456,99
2. Subsections (3), (3g), (4), (4c) to (4x), (6), (7), (10), (12), and (13).
SB40-CSA1,456,1010
3. Local ordinances enacted by a county or municipality under sub. (11).
SB40-CSA1,456,1211
(f) In addition to the provisions under par. (e), the operation of a lightweight
12utility vehicle as authorized under the pilot program is subject to all of the following:
SB40-CSA1,456,1413
1. The operator of a lightweight utility vehicle must possess a valid motor
14vehicle operator's license.
SB40-CSA1,456,1615
2. Any trail fees imposed on all-terrain vehicle use by a county or municipality
16also apply to operation of a lightweight utility vehicle.
SB40-CSA1,457,217
(g) The department of natural resources, in consultation with the department
18of transportation and with the counties and municipalities participating in the pilot
19program, shall evaluate the effect of using lightweight utility vehicles on roadways
20and on all-terrain vehicle routes and trails upon conclusion of the pilot program. The
21department may make grants from the appropriation under s. 20.370 (5) (cu) to each
22participating county and municipality, for the purpose of assisting the department
23of natural resources in the evaluation. The department of natural resources shall
24make grants in such a manner that the total amount of grants for a given county,
25including the grants to municipalities located wholly or partially in that county, does
1not exceed $2,000. The department of natural resources shall report the results of
2its evaluation to the legislature under s. 13.172 (2) no later than January 1, 2010.
SB40-CSA1,457,43
(h) The pilot program under this subsection does not apply after September 30,
42009.
SB40-CSA1,457,66
24.61
(3) (a) 12. A drainage district created under ch. 88.
SB40-CSA1,457,128
24.61
(3) (b)
Terms; conditions. A municipality, cooperative educational service
9agency,
drainage district created under ch. 88, or federated public library system
10may obtain a state trust fund loan for the sum of money, for the time and upon the
11conditions as may be agreed upon between the board and the borrower, subject to the
12limitations, restrictions, and conditions set forth in this subchapter.
SB40-CSA1,457,1614
24.66
(3r) For a drainage district. An application for a loan by a drainage
15district created under ch. 88 shall be accompanied by a certified copy of a resolution
16of the board of the drainage district approving the loan.